The Goddard School Preview Day Waiver

Please read the waiver below and then click the button at the bottom to sign your waiver..

WAVIER, RELEASE OF LIABILITY AND ASSUMTPION OF RISK AGREEMENT
Bright Side Play

(BSP) is a welcoming and engaging space for Children which offers customers the opportunity to participate, engage their senses, be challenged physically and mentally, and most of all have fun. BSP has designed the facility with safety in mind and has developed rules and policies that focus on safety. However, because the children are the top priority at BSP it is important that You know that our interactive place does involve risks that are inherent to the activities at BSP.

1.Definitions.

a. “Bright Side Play” or “BSP” means Bright Side Play Co. LLC, or any of its subsidiaries, owners, officers, directors, members, managers, shareholders, employees, contractors, volunteers, affiliates, successors, or assigns.

b. “Participant” means the minor or minors.

c. “You or Your” means the parent, or the legal guardian of the Participant, or the person who has been given the authority by the Participants parent or legal guardian to sign this Wavier, Release of Liability and Assumption of Risk Agreement and supervise the minor during their time at Bright Side Play.

d. “Supervision Party”: The supervision party is the staff of The Goddard School – Southlake. 

2. Assumption of Risk. You understand that while Bight Side Play does provide general supervision of activities and have developed rules and policies that focus on safety, You or your child’s Supervision Party are required to supervise your child or minors under your care at all times while on the BSP premise. You also understand that there is a risk of injury, whether caused by the Participant or someone else, or with the use of the equipment, services, or participation in an activity at BSP. These activities include, but are not limited to, rock wall and climbing structures, multi-story structures, climbing nets, climbing ropes, slides, soft play areas, rotating exhibits, outdoor patio areas, general jumping, vertical play, and other miscellaneous activities and play activities. Risks in participating in the activities can include, but are not limited to, landing wrong, slipping, falling, over-exertion, tumbling, collisions, using improper form or erratic co-participant behavior, unexpected equipment failure, or error of judgment by staff members. You understand and acknowledge that the activities contain risks which vary with the activity, You also understand the demands of the activities relative to Participant’s physical condition and skill level, and understand the types of injuries that may occur as a result of the activities and their potential impact on the Participants safety, and well-being, and assert that participation is voluntary and that You or your child’s Supervision Party and all Participants knowingly assume all risks associated with the use of BSP’s equipment, services, and participation in activities. You acknowledge that BSP will not pay for any cost or expenses incurred by the Participant if the Participant is injured.

3. Release of Claims. To the fullest extent permitted by law, You and on behalf of the Participant release and agree not to bring or take any action against BSP, BSP Landlord, Landlord’s mortgagee, insurers, and equipment providers from all liabilities, losses, loss of or theft of personal property, damages, claims, demands, actions, suits, causes of action, costs, fees, and expenses (including reasonable attorney’s fees and court or other costs) relating to, resulting from, or arising out of or alleged to have arisen out of (in whole or in part) any bodily injury to or death of Participant or damage to or loss of Participant’s property during or relating to Participant’s participation, whether actively or passively, in any slides, rock wall, climbing structures, multi-story play structures, soft play areas, rotating exhibits, outdoor patio areas, general jumping, any related activities and other miscellaneous activities and play areas at BSP.

4. Indemnity. You, on behalf of him/herself and the Participant(s) agree to indemnify, defend, release, and hold harmless BSP from and against all claims, causes of action, suits, losses, liabilities, damages, fines, penalties, liens, judgments, settlements, proceedings, costs, fees, and expenses (including reasonable attorney’s fees and court or other costs) of any nature whatsoever for or relating to death, bodily injury or property damage resulting from, relating to, or caused by (whether in whole or in part) any of the following matters (which necessarily include all claims that do or may belong to the Participant(s): (a) Participant’s acts, omissions or presence on or about any part of the premises or other premises where activities are taking place, conducted, or performed by Participant or anyone else, (b) Participant’s active or passive participation in, or observance of, any of the activities; (c) any claims arising out of the negligent, gross negligent, or willful acts or omissions of Participant or any guest or invitee of the BSP, or (d) Participant’s use of any toys, fixtures, equipment or personal property in, on or about premises or other premises where activities are taking place, conducted, or performed by Participant or anyone else.

5. Dispute Resolution.

a. Arbitration. Any dispute or claim arising out of or relating to this Waiver, Release of liability, and Assumption of Risk Agreement, breach thereof, activities, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement shall be brought by the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. Judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof.

b. Waiver of Jury Trial. You and on behalf of the Participant knowingly and voluntarily, with full awareness of the legal consequences, agrees to waive their right to bench trial or jury trial of any dispute relating to this Waiver, Release of Liability and Assumption of Risk Agreement or with the use of any equipment, services of participation of Participant in any activities.

6. Acknowledgments. You or your child’s supervision party acknowledge on behalf of him/herself and the Participant(s) that Participant would not be granted access to the premises or the ability to participate in the activities but for these acknowledgments:

a. Participant(s) posses a sufficient level of skill and physical fitness for safe participation in the activities. You agree to only allow Participant to attempt activities that he/she is capable of performing safely.

b. You or your child’s supervision party agree to inform BSP and cease participation in the activities if You believe that the Participant is feeling any unusual discomfort.

c. BSP may, but is in no circumstance obligated to, administer to the Participant emergency aid, CPR, and use an AED (defibrillator) when deemed necessary.

d. BSP may secure emergency medical care or transportation (i.e., EMS) when deemed necessary and You shall assume all costs of emergency medical care and transportation.

e. The BSP team may terminate participation when it determines that the Participant is incapable of safely participating in the activities or using any of the activities, equipment or services. BSP and its employees reserve the right to revoke admission for any child who is found to misuse equipment or play in a manner that is unsafe to themselves or others after being instructed to discontinue such behavior. 

7. Authority. You represent to the BSP that you have the legal capacity and authority to act for and on behalf of the Participant(s), and agrees to INDEMNIFY AND DEFEND BSP FROM AND AGAINST ALL CLAIMS OR LIABILITIES RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF THE UNDERSIGNED’S LEGAL CAPACITY OR AUTHORITY TO ACT FOR OR ON BEHALF OF THE PARTICIPANT(S) IN THE EXECUTION OF THIS AGREEMENT.

8.Miscellaneous Terms. Capitalized terms shall have the meaning set forth herein. This Waiver, Release of Liability, and Assumption of Risk Agreement constitutes the entire agreement between You and on behalf of the Participant and BSP, supersedes any and all previous oral or written promises or agreements and may only be modified in writing. You further expressly agree that this Waiver, Release of liability, and Assumption of Risk Agreement is intended to be as broad and inclusive as is permitted by the laws of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Venue for any action brought hereunder or as a result of Participant’s participation in the activities or use of the facility shall lie in Tarrant County and only the substantive laws of Texas shall apply.

9. Acknowledgment & Understanding. You represent to BSP that You thoroughly understand that this is a complete and final release and indemnity agreement, and that You are voluntarily entering into this agreement, and no representations, promises, or statements made by any of the BSP team has influenced You into signing this Agreement. You agree that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein and that You are not relying on any statements or representations of the BSP that are not expressly contained herein. You acknowledge that you have read this agreement in its entirety, fully understands its terms, and understand that you are giving up substantial rights herein, including the right to take or bring action against BSP. You acknowledge that you are signing this agreement freely and voluntarily, and intends by Your signature, to completely and unconditionally release BSP from all liability due to negligence and the inherent risks of the activities to the greatest extent permitted by the laws of Texas.